Lord Phillips of Worth Matravers made clear yesterday that he is completely against any role for the executive in appointing judges, as floated in the Prime Minister’s recent Green Paper on governance.

He expressed concern about the “growing tendency” to challenge the mandate of judges during an address to the Commonwealth Law Conference in Kenya.

“Some say that our decisions are not legitimate, because we have not been elected,” he said.

“They point to the United States, where some judges are elected and where,